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Nancy Sims

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Nancy is a partner in our Firm's North America Litigation and Government Enforcement Group and is based in our Los Angeles office.

In Esparza v. Kohl’s, Inc., the Plaintiff brought a putative class action accusing Kohl’s of allowing a third party to unlawfully eavesdrop on him while he had a brief conversation with an agent on a chat feature on Kohl’s website. This decision is significant because it confirms that sharing electronic data with third-party applications or service providers without the website visitor’s consent creates a risk of lawsuits and potential liability for website defendants in states that require all parties to consent to interception of communications.

Esparza v. Kohl’s, Inc., confirms that sharing electronic data with third-party applications or service providers without the website visitor’s consent creates a risk of lawsuits and potential liability for website defendants in states that require all parties to consent to interception of communications.

California Assembly Bill 1228 or, the “Fast Food Franchisor Responsibility Act” seeks to make fast food franchisors liable for certain civil violations committed by their franchisees. The Bill was passed by the California Assembly on 31 May and awaits a vote in the Senate. If signed into law in its current form, the Bill would drastically increase the legal exposure of certain franchisors in the fast-food industry.